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reg 14

Governor’s approval of State planning policy or substantial amendment to State planning policy

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14 Governor’s approval of State planning policy or substantial amendment to State planning policy

(1)

If a proposed policy or proposed substantial amendment is submitted to the Minister under regulation 13(1)(b), or subregulation (4)(b)(iii) or (5)(c) of this regulation, the Minister may —

(a)

submit the proposed policy or proposed amendment to the Governor and recommend its approval; or

(b)

require the Commission to modify the proposed policy or proposed amendment; or

(c)

decide not to recommend the approval of the proposed policy or proposed amendment to the Governor.

(2)

The Minister must give the Commission written notice of a decision under subregulation (1).

(3)

If the Minister requires a proposed policy or proposed substantial amendment to be modified under subregulation (1)(b), the notice —

(a)

must describe the modification required; and

(b)

may include a requirement that the Commission advertise the modified proposed policy or proposed amendment in the manner specified in the notice.

(4)

If given a notice referred to in subregulation (3), the Commission must —

(a)

modify the proposed policy or proposed substantial amendment as required; and

(b)

do whichever of the following is applicable —

(i)

if required to do so under the notice — advertise the modified proposed policy or proposed substantial amendment in the manner required;

(ii)

if subparagraph (i) does not apply but the Commission considers that the modified proposed policy or proposed substantial amendment should be advertised — advertise the modified proposed policy or proposed amendment in a manner that the Commission considers appropriate;

(iii)

if subparagraphs (i) and (ii) do not apply — submit the modified proposed policy or proposed substantial amendment to the Minister.

(5)

If the modified proposed policy or proposed substantial amendment is advertised by the Commission under subregulation (4)(b)(i) or (ii), the Commission must —

(a)

consider any public submissions made on the modified proposed policy or proposed amendment; and

(b)

make the further modifications, if any, it considers appropriate to make to the modified proposed policy or proposed amendment, including as a result of those submissions; and

(c)

submit the modified proposed policy or proposed amendment to the Minister.

(6)

The Governor may approve a proposed policy or proposed substantial amendment submitted and recommended by the Minister under subregulation (1)(a).

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